AGG Talks: Antitrust and White-Collar Crime Roundup - Inside the World of No-Poach Investigations and Indictments
#WorkforceWednesday: ACA Preventive Coverage Mandate Blocked, Another No-Poach Loss for DOJ, and Employers Prepare for the End of the COVID-19 Emergencies - Employment Law This Week®
Trade Secret / Restrictive Covenant 2022 Year In Review (Fairly Competing, Episode 19)
Class Action | Eleventh Circuit Reinstates No Hire Antitrust Claims Against Burger King
Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 100: Marguerite Willis, Nexsen Pruet Attorney
The Latest on Antitrust Compliance
III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes
Employment Law This Week®: Employee Mobility
II-31- The Changing 9 to 5 From 1980 to Today
Employment Law This Week®: Criminal Prosecution of Anti-Poaching Agreements, EEOC Publishes 2017 Data, Organizational Changes at NLRB, NYC’s “Cooperative Dialogue” Requirements
II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories
Arrington v. Burger King Worldwide, Inc., No. 1:18-cv-24128 (S.D. Fla. Oct. 5, 2018) – In October 2018, Jarvis Arrington, a former employee at a Burger King franchisee in Illinois, filed a class action complaint against...more
On 2 June 2025, the European Commission fined Delivery Hero and Glovo a total of EUR 329 million for participation in a cartel in the online food delivery sector. Notably, this marks not only the first time the Commission has...more
Labor markets have increasingly drawn the attention of the European Commission (“Commission”) and national competition authorities in the EU. As early as 2021, then-Competition Commissioner Vestager listed “no-poach”...more
European Commission ("EC") issues its first fining decision for a no-poach agreement, and also sanctions for the first time the exchange of sensitive information between a company and its competing, non-controlling minority...more
On 15 May 2025, Advocate General Emiliou issued his opinion in the Portuguese football no-poach case. The AG opinion is of particular interest given the European Commission's increased scrutiny of labour market related...more
On June 2, 2025, the European Commission (EC) announced that it had fined food delivery companies Delivery Hero and Glovo a total of €329 million for participating in a cartel in the online food delivery sector in violation...more
On May 9, 2025, the U.S. Court of Appeals for the Fourth Circuit published a significant decision in Scharpf v. General Dynamics Corp., reviving a dormant class action lawsuit against a group of the country’s largest naval...more
In October 2016, the Obama Administration announced that it would criminally prosecute no-poach and wage-fixing agreements among competitors for talent. Starting in December 2020, through the Trump and Biden Administrations,...more
Antitrust experts from across the globe convened in Washington, D.C. on April 2–4, 2025 to discuss new enforcement policies and share updates on current issues in antitrust. We provide the key highlights from numerous panels...more
While the original guidelines focused primarily on per se illegal wage-fixing and no-poach agreements, the 2025 Guidelines illustrate a significant expansion in enforcement, broadening scrutiny to compensation benchmarking,...more
In the final days of the Biden administration, the FTC and DOJ jointly issued antitrust guidelines on business practices that impact workers that replace the 2016 Antitrust Guidance for Human Resource Professionals, which...more
New York AG Letitia James, New Jersey AG Matthew Platkin, and the FTC settled with building services contractor Guardian Service Industries, Inc. to resolve allegations that it entered into no-poach agreements in violation of...more
Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more
Last year, we reported on the Department of Justice’s (DOJ) decision to dismiss its only remaining criminal no-poach case and regroup. We advised that the DOJ was unlikely to abandon criminal no-poach cases entirely and would...more
On March 18, 2024, the Supreme Court of the United States (the “Supreme Court”) denied a petition for writ of certiorari brought by McDonald’s USA, LLC (“McDonald’s”). McDonald’s had asked the Supreme Court to review a...more
2023 was a dramatic year for criminal antitrust enforcement in the United States. The Antitrust Division of the U.S. Department of Justice (“DOJ”) garnered big wins: three convictions at trial,1 $267 million in criminal fines...more
The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens....more
Nearly seven years after first announcing its intent to criminally prosecute employers and individuals for anticompetitive conduct in labor markets, the Department of Justice Antitrust Division (DOJ or Division) voluntarily...more
On November 13, 2023, the DOJ Antitrust Division moved to dismiss its last remaining no-poach indictment. In 2021, a Texas grand jury indicted Surgical Care Affiliates (“SCA”) and a related company for conspiring with...more
As we previously wrote, the Department of Justice’s (DOJ) April 2023 loss in United States v. Patel, its fourth in a criminal no-poach case, cast a pall over the agency’s enforcement efforts. The following month, the DOJ...more
The U.S. District Court for the Northern District of Texas recently granted the U.S. Department of Justice’s (“DOJ”) motion to dismiss the criminal charges it had previously brought against Surgical Care Affiliates, LLC and...more
As we discussed earlier this year, the U.S. Department of Justice (“DOJ”) in recent years has brought numerous criminal prosecutions against companies accused of engaging in so-called “naked” no-poach agreements, i.e.,...more
Summary - Following a string of unsuccessful prosecutions in the labor space, the DOJ Antitrust Division moved this week to dismiss its last indicted criminal no-poach case, which had been pending against Surgical Care...more
The Department of Justice’s years-long campaign to criminally prosecute no-poach agreements may be taking a hiatus. On November 13, 2023, the DOJ moved to dismiss its indictment against Surgical Care Affiliates, LLC (“SCA”),...more
Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • Bipartisan AGs Step Up to the Plate to Challenge Baseball...more